Bengaluru real estate: If the builder takes too long to deliver the apartment, may buyers go to the Human Rights Commission?

By Bricksnwall | 2024-12-19

After the builder failed to deliver the apartment despite many KRERA orders, a Bengaluru buyer has petitioned the Human Rights Commission for remedy. 

A Bengaluru homebuyer has now approached the National Human Rights Commission, upset with the delay in receiving his apartment and the compensation mandated by RERA.

According to papers obtained by HT.com, the NHRC then wrote to the Karnataka State Human Rights Commission (KHRC), which has since written to the deputy commissioner of the tax department and the secretary of the Karnataka RERA to request action and present a report on the steps taken to assist the buyer.

The buyer's complaint stated that the delay violated their fundamental right to a dignified existence in addition to breaching their trust.

For the past five years, Sudhakar Lakshmanaraja has been waiting for the delivery of his property in north Bengaluru. By 2019, the project was expected to be completed.

The builder has not made any payments to us in spite of numerous KRERA orders sent to the deputy commissioner (revenue department) to collect the penalty from the builder. Nothing has been settled. Lakshmanaraja was cited as saying, "As a last resort, I have approached the National Human Rights Commission and am waiting for justice."

Report due on January 9: KHRC KHRC has informed the revenue department's deputy commissioner that the district collector's office has been disobeying Karnataka RERA's directives for the past two years, even after Lakshmanaraja complained to KRERA about the delayed apartment and demanded payment.

The notification, which was received on December 4, stated, "Take appropriate action and submit a report by January 9, 2024."

These are the opinions of legal professionals.

According to legal experts, homeowners can protest to KRERA and get their money back when a project in the state is delayed. The state revenue department will collect the money from the relevant developers in the form of land arrears upon its order.

Some homebuyers have already used more than 80% of their funds to purchase a property. "Homebuyers have been turning to the Commission as a last resort due to the revenue department's delayed recovery and the numerous KRERA orders that are still pending complete execution. Supporter Reynold D'souza stated.

The revenue department, which is the deputy commissioner's office, will contact the builder and retrieve the funds if KRERA issues the recovery order. It comes from land arrears as revenue. But the homebuyers have no other option due to a delayed recovery," stated Vittal BR, a counsel at the Karnataka High Court.

If their homes are delayed, can purchasers complain to the Human Rights Commission?

According to legal experts, the Commission notifies the relevant government agencies to submit compliance reports upon the receipt of a complaint.

"In this instance, the Commission would notify the deputy commissioner (revenue department) and the Karnataka RERA to submit their compliance reports within a specific time frame. Since the purchasers have saved a lot of money to buy their ideal homes, this might be done to safeguard their right to life. D'souza also added

Although homebuyers can seek justice from the Human Rights Commission, legal experts predict that the matter will eventually become a civil lawsuit that calls for assistance from state government agencies like KRERA. According to them, this can be done to increase the pressure on state government agencies to fulfill the unfulfilled directives and put the reliefs into effect.

Since each person's request for relief is unique, they can file their grievances at any of the various platforms that are available, such as RERA, the National Consumer Forum, national tribunals, or even the High Courts," D'souza said.

Source: Hindustan Times